Suing For Damages In Small Claims Court

[Lara Nadia]

What is the name of your state? Texas

Hello. A person whom I conducted two dog training lessons and two behavior consultations to bounced (NSF) a check to me. She stated in an email that she agreed to pay me, but she didn't. I sent a followup email and called and left one message (both were professional in nature) one time each to ask her again to contact me to resolve this immediately. I failed to get her DL and DOB on the check (my mistake--I will never make it again), so I can't prosecute through the Attorney's office. She has not contacted me, and I doubt she will.

I want to file a small claims against her and have two questions. One, I plan to send her a ten day demand letter. Will it be considered harassment or be wrong to include that if I don not hear from her I plan to sue for the court costs in the amount of $92.00 in addition to bank charges, and the amount of the check?

Also, is it within the law and sometimes granted if a person sues for damages over the amount of the check? For example, if the check was $345.00 can I sue and expect to receive (if I win the case of course) $100.00 in damages above the court costs, the amount of the check, and bank charges? If so, can I include in the demand letter that I plan to sue for $100.00 dollars in damages? I am hoping that the letter might be more likely to motivate her to pay me or make payment arrangements if she realises she may need to pay me more if I go that route.

Thank you very much for any advice or suggestions you can offer.

 

[Lara Nadia]

I'm sorry, I forgot to also ask if anyone knows where I can find a sample of a good demand letter for this type of thing. Again, thank you in advance for any advice or suggestions you might have.

 

[Zigner]

You won't sue for court costs - they will be added to the judgment upon you winning.

Send a very basic letter.

Mrs. Smith,

You wrote two checks to me, one for $xx and the other for $yyy, for a total of $zzz. There is no dispute you owe me this money. Both of these checks have been returned NSF (copies enclosed). I expect full payment for both checks, plus bank fees in the amount of $fff, to be made in cash or certified funds within 10 days from the date of this letter. If I do not receive full payment, including reimbursement for the bank fees, I will pursue this matter through the court system.

Respectfully,

Mrs. Jones.

Mail it certified, return receipt requested, and drop a copy in regular mail at the same time.
On the 11th day after you mail it (assuming you haven't been paid), file your case.

 

[Texas Pooh]

Lara,

Go see the clerk of the Justice of the Peace court for your precinct. They'll give you a packet, which will include a sample demand letter and complaint, as well as an instructions sheet for going forward.

You can also check out this website: http://www.jp.hctx.net/ which provides infromation for the Harris County JP courts with links to the appropriate forms, etc.

You can certainly ask for more damages in your lawsuit (anyone can sue for anything), but you won't be awarded them. You are only entitled to your actual, out of pocket costs plus some interest. Thus, you should not include any "extras" in your demand letter. Sometimes, JP judges take a dim view of plaintiffs whose demand letters contain inflated demands. You are better off looking like a reasonable, rational person who is only trying to seek what is rightfully theirs ..